Candidate Petition Handbook



Florida Department of StateDivision of ElectionsR. A. Gray Building, Room 316 500 South Bronough Street Tallahassee, FL 32399-0250850.245.6280(Rev. 7/16/2019)2020Candidate Petition HandbookTable of ContentsChapter 1: Introduction1Chapter 2: Forms2Chapter 3: Collecting Signatures4Chapter 4: Verifying Petitions7Chapter 5: Fees and Undue Burden Oath14Chapter 6: Certification to the Division of Elections16Appendix A: Table – 2020 Petition Signatures Required for Representative in Congress20Appendix B: Table – 2020 Petition Signatures Required for State Senate21Appendix C: Table – 2020 Petition Signatures Required for State Representative22Appendix D: Table – 2020 Petition Signatures Required for Circuit Court Judge, State Attorney and Public Defender24Appendix E: DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates25Appendix F: DS-DE 19A Affidavit of Undue Burden - Candidate26Appendix G: DS-DE 104 Candidate Petition Form27Appendix H: DS-DE 18A President and Vice President Candidate Petition, No Party Affiliation and DS-DE 18B President and Vice President Candidate Petition, Minor Political Party28Appendix I: Legal References and Rules Cited29iChapter 1: IntroductionThis handbook explains the process for collecting signatures to qualify as a candidate by petition method. Information herein applies only to candidate petitions. It does not apply to initiative petitions.The information contained in this publication serves only as a quick reference guide. To the extent that this handbook covers material beyond that contained in law or rule, the Division of Elections offers such material to candidates merely as guidelines. This publication is not a substitute for the Florida Election Code or applicable constitutional and rule provisions, the text of which controls.The following statutes and rules should be reviewed in their entirety:Section 99.095, Florida StatutesSection 99.09651, Florida StatutesSection 99.097, Florida StatutesRule 1S-2.045, Florida Administrative Code(See Appendix I)All applicable forms and publications are publicly available on the Division of Elections’ website at: dos.elections/forms-publications.Please direct questions to the Bureau of Election Records help desk at 850.245.6280.Chapter 2: FormsWhat petition form should be used to obtain signatures from registered voters?All candidates1, except Presidential candidates, must use Form DS-DE 104, Candidate Petition Form. Presidential candidates must use Form DS-DE 18A, President and Vice President Candidate Petition, No Party Affiliation or Form DS-DE 18B, President and Vice President Candidate Petition, Minor Political Party.The most current versions of petition forms are available on the Division of Elections’ website.Petitions on previous versions of Form DS-DE 104 are not valid.A separate petition is required for each candidate.Who is responsible for reproducing the petition form?Candidates are responsible for reproducing the petition form.Can the petition form be altered?Form DS-DE 104 must be reproduced as is without any change to text or format with the following limited exceptions:Form DS-DE 104 may be reduced or enlarged proportionally in size as a whole document. However, the form cannot be less than 3 inches by 5 inches and no larger than 8 1/2 inches by 11 inches.Form DS-DE 104 may be included within a larger advertisement, provided the form is clearly defined by a solid or broken border.Candidates may use color highlights, circles, X’s, arrows, or similar markings that draw attention to items on the form, as well as using cross-outs, line-throughs, or similar markings on items on the form that are not applicable to their candidacy.Candidates may translate petition forms into a minority language at their own expense. Petition forms may be two-sided with English on one side and a minority language on the1 Municipal candidates may use a different form if provided for by city charter or ordinance.other. However, the double-sided petition may be signed by only one person. If both sides of the form are completed, the supervisor of elections will check only the English side of the form for signature verification.Is a disclaimer required on a petition?No. A petition is not a political advertisement as defined in Section 106.011, Florida Statutes. However, if the petition is included as a part of a larger advertisement that is a political advertisement, the political advertisement will need a disclaimer. A missing disclaimer on such an advertisement does not invalidate an otherwise properly executed petition but does constitute a violation of Chapter 106, Florida Statutes.Chapter 3: Collecting SignaturesHow many signatures are needed?Except for special district candidates, the requirement is to obtain signatures equal to 1% of the registered voters in the geographical area for the last general election.President of the United States – 132,781 signaturesRepresentative in Congress – (see Appendix A)State Senator – (see Appendix B)State Representative – (see Appendix C)Circuit Court Judge, State Attorney and Public Defender – (see Appendix D)Special District Candidate – 25 signaturesWhen can a candidate start collecting signatures on petitions?A candidate can collect signatures as soon as a completed Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository, is filed with the filing officer (see Appendix E). Petitions signed prior to the date Form DS-DE 9 is filed with the filing officer are not valid.Exception: Special district candidates are not required to file Form DS-DE 9 if they do not collect contributions or make expenditures other than the filing fee or signature verification fee.Exception: Federal candidates do not file Form DS-DE 9.How long are signed petitions valid?Signatures for all candidates are valid only for the next general election qualifying period for that office immediately following the filing of the DS-DE 9. If the normal term of office ends early as the result of a resignation, death, or other reason, petitions verified prior to an off-cycle election qualifying period remain valid for the same office in the earlier election.Example:Candidate C is a 2020 State Representative candidate. In December of 2019, a special election is called for this office. Candidate C wants to qualify for the special election but does not want to transfer the petitions already signed to the special election. Candidate C may accomplish this by filing a new Form DS-DE 9 and opening an entirely separate campaign depository for the special election. Candidate C must start anew with contributions and petition gathering for the special election while maintaining the former campaign account for the general election. Candidate C may not use the funds or petitions previously collected for the special election. Candidate C may not use the funds or petitions gathered in the special election for the subsequent general election.Example:Candidate B is a 2020 State Representative candidate. In December of 2019, a special election is called for this office. Candidate B may transfer their petitions to the special election or, if they elect not to participate in the special election, keep them for the 2020 election.Example:Candidate A is a 2020 State Representative candidate. The candidate may not begincollecting signatures until after the 2018 qualifying period.Example:Candidate D is a 2022 County Commission candidate. The incumbent for that office resigns to run for another office. The office will now appear on the 2020 ballot for a term to end in 2022. Candidate D may transfer their petitions to the 2020 election or keep them for the 2022 election. However, to retain the petitions for the 2020 election, Candidate D must open a separate campaign account for the 2020 election.Where can candidates collect signatures on petitions?Absent a local prohibition, a candidate can collect petition signatures in any public place including government-owned buildings. Section 106.15(4), Florida Statutes, is often misconstrued to prohibit collecting petition signatures in a government-owned building. However, this prohibition only applies to soliciting or knowingly accepting contributions. Therefore, soliciting petition signatures would not be prohibited in a government-owned building unless the petition form is part of a larger document that includes a request for a political contribution or unless a local prohibition precludes petition signature gathering in local government-owned or occupied buildings. Section 104.31(2), Florida Statutes, prohibits employees of the state or any political subdivision from participating in a political campaign for an elective office while on duty.Whether a person is prohibited from collecting candidate petitions on private property, including a church, is not addressed in the Election Code.In the case of a church, a candidate should check with the presiding church official. A church’s involvement in political campaigns may threaten the loss of the church’s IRS tax exempt status.NOTE: Section 100.371(7), Florida Statutes, is applicable only to collecting petitions for initiative petitions. It states: “No provision of this code shall be deemed to prohibit a private person exercising lawful control over privately owned property, including property held open to the public for the purposes of a commercial enterprise, from excluding from such property persons seeking to engage in activity supporting or opposing initiative amendments.”Can a candidate pay someone to collect petitions?Yes. Nothing in the Election Code prohibits a candidate from paying any person to collect petitions.See Chapter 5: Fees and Undue Burden Oath for information on what happens when an undue burden oath is filed.May a voter revoke their signature on a petition after receipt of the petition by the supervisor of elections?No authority exists for a voter who has signed a petition to revoke their signature after it has been received by the supervisor of elections. (See Rule 1S-2.045(4)(d), Florida Administrative Code.)Chapter 4: Verifying PetitionsWhere are petitions submitted?Signed petition forms are submitted for verification to the supervisor of elections in the county in which the voter is registered.It is the responsibility of the candidate to ensure that the signed petition form is properly filed with the supervisor of elections of the county in which the signee is a registered voter. In the case of a misfiled petition, the filing date of the petition is the date such petition is filed with the proper county. If the supervisor of elections determines that the signer of a petition is not registered in their county, the supervisor shall notify the candidate that the petition has been misfiled, and shall return the petition to the candidate so that it can be refiled.When is the deadline for submitting petitions to the supervisor of elections?No later than noon on:March 23, 2020 – Representative in Congress, Circuit Court Judge, State Attorney, and Public DefenderMay 11, 2020 – State Senate, State Representative, County, School Board, and Special DistrictJuly 15, 2020 – President of the United StatesIs this petition valid?. . . if the petition is signed and dated before the filing date of Form DS-DE 9?A petition signed and dated before the filing date of Form DS-DE 9 is invalid (except for federal candidates and special district candidates who have not collected contributions and whose only expense is the signature verification fee or filing fee). Form DS-DE 9 is not valid until filed (received) by the qualifying officer.. . . if the petition is missing a required group, seat or district designation?If a candidate is running for an office that requires a group, seat or district designation, the petition must contain the designation or it is invalid.. . . if a candidate changes the office that they are running for?If a candidate changes the office that they are running for, any previously submitted petitions are not valid for the new office. This includes changing seats, groups, or districts.Example:Changing from County Commissioner, Seat 1 to County Commissioner, Seat 5 will invalidate all previously verified petitions.Example:Changing from Circuit Court Judge, 17th Judicial Circuit, Group 1, to 17th Judicial Circuit, Group 5, will invalidate all previously verified petitions.. . . if a candidate changes election years?If a candidate changes from the 2020 election to the 2022 election, the petitions verified for the 2020 qualifying period will not be valid for the 2022 election.. . . if a candidate changes to an intervening special election?If a candidate changes from a regularly scheduled election to an earlier, intervening special election being held for that office, the petitions verified for the regular election are valid for the special election.. . . if a candidate elects not to participate in an intervening special election?If there is an earlier, intervening special election and the candidate decides not to participate in the special election, any petitions verified prior to the special election will remain valid for the regularly scheduled election.. . . if a candidate’s party affiliation on the petition is not the same as the party affiliation listed on the candidate’s Form DS-DE 9?The party affiliation listed on the petition must match the party affiliation listed on Form DS-DE 9, or if NPA is listed on the petition, the DS-DE 9 must indicate NPA. If they do not match, the petition is invalid.The candidate’s party affiliation as indicated in their registration records is irrelevant and has no bearing on the validity of the petitions. The candidate’s voter registration party affiliation does not become an issue until such time as they file qualifying documents during the qualifying period.Example 1 – Invalid Petition:Candidate A files Form DS-DE 9 indicating that they are running as a Republican candidate. Their petition forms also indicate that they are running as a Republican candidate. After submitting a number of petitions for verification, Candidate A submits a new DS-DE 9 indicating that they are running as a Democratic candidate. All previously verified petitions will not be eligible for qualifying as a Democratic candidate.Example 2 – Valid Petition:Candidate B files Form DS-DE 9 indicating that they are running as a Republican candidate. Their petition forms also indicate that they are running as a Republican candidate. Candidate B’s voter registration party affiliation is Democrat. After submitting a number of petitions for verification, Candidate B changes their voter registration party affiliation to Republican. All petitions verified prior to Candidate B’s change in voter registration remain valid.Example 3 – Valid Petition:Candidate C circulates petitions as an NPA candidate but is registered as a voter with party affiliation. As long as Form DS-DE 9 indicates that the candidate is running with no party affiliation, the petitions are valid.Example 4 – Invalid Petition:Candidate D files Form DS-DE 9 indicating that they are running as a Republican candidate. After they have begun collecting signatures, the candidate files a new DS-DE 9 changing from a Republican candidate to an NPA candidate. The petitions indicating that the candidate is a Republican candidate are no longer valid and do not count towards the total amount needed to qualify as a petition candidate.Example 5 – Valid Petition:Candidate E circulates petitions for a nonpartisan office but is registered as a voter with party affiliation. As long as the petition indicates that the candidate is running for a nonpartisan office, the petitions are valid.Example 6 – Valid Petition:Candidate F changes party affiliation on their voter registration record while running for a nonpartisan office. If the candidate is running for a nonpartisan office, changing their voter registration party affiliation will have no effect on previously verified petitions.. . . if a candidate puts their party affiliation on a petition for a nonpartisan office?A candidate for a nonpartisan office must check the block that indicates “Nonpartisan” on the petition when collecting petitions for a nonpartisan office. While the candidate may be a member of a party and still run in a nonpartisan race, they must collect petitions as a nonpartisan candidate and indicate this on the petition. If a nonpartisan candidate indicates that they are running as a party affiliated candidate, it will invalidate the petitions.Note: If the petition indicates conflicting or incorrect information regarding the candidate’s status as a nonpartisan, no party affiliated, or party affiliated candidate, the petition is invalid.. . . if the petition is signed by a voter who is not registered in the geographical area represented at the time of signing or verification?If a petition is signed by a voter who is not registered in the geographical area represented, it is not valid. Form DS-DE 104 requires the person to attest that they are a registered voter in said “county and state” at the time a person signs the petition. Thus, at the time of signing, the person must have been a registered voter in the county. Additionally, Rule 1S-2.045, Florida Administrative Code, states a petition is invalid if the “petition is signed by a voter who is not a registered voter in the county, district, or other geographical area represented by the office sought unless otherwise specified in Sections 99.095 and 99.09651, Florida Statutes, at both the time of signing and verification of the petition.”. . . if the voter signs more than one petition for the same candidate?Only one candidate petition per voter per candidate may be verified as valid.When a supervisor is confronted with a situation where the same voter signs two or more candidate petitions for the same candidate for the same office, only one petition may be validated. For example, if the first petition submitted by the voter is valid, it remains valid even if a second petition by the same voter is submitted contrary to the above statute; however, the second petition may not be validated. The supervisor must ensure that only one petition per voter per candidate is counted as valid. Under Section 104.185, Florida Statutes, a person who knowingly signs a candidate petition more than one time for a candidate commits a misdemeanor of the first degree. If the supervisor believes the voter or candidate violated the above statute by the submission of more than one petition per voter per candidate, the supervisor may file an elections fraud complaint with the Division of Elections or refer the matter to the local state attorney.A voter may sign petitions for different candidates in the same race. There is nothing in the Election Code that prohibits a voter from signing petitions for more than one candidate in the same race or election.. . . if the petition form is signed by an inactive voter?A petition signed by an inactive voter is valid as long as it meets all other requirements. A voter’s active or inactive status is immaterial.. . . if the petition form is incomplete?See Rule 1S-2.045(5)(f), Florida Administrative Code, for details on what information must be on the petition.. . . if the petition is prefilled by the candidate?The only entries that must be filled in by the voter are the signature and the date. Therefore, a candidate or petition gatherer is allowed to prefill all other information.. . . if the petition is dated after the date the candidate submits the petition to the supervisor?Rule 1S-2.045(5)(f), Florida Administrative Code, requires that the petition form contain “the date the voter signed the petition as recorded by the voter.” If the date has not occurred, or occurred after the date the supervisor receives the petition, the voter obviously could not have signed the petition on that date, and it should not be counted as valid.. . . if the voter with a public records exemption signs the petition?No special processes apply when voters with public records exemptions sign petition forms. Like any other voter, if the voter with a protected address wants to sign the petition, the voter may elect to place a business address or some other address. If the voter lists an address other than the legal residence where the voter is registered, the supervisor must treat the petition as if the voter had listed the address where the voter is registered.. . . if the petition does not have a disclaimer?A petition does not meet the definition of a political advertisement as defined in Section 106.011, Florida Statutes (as it does not expressly advocate the election of a candidate). Thus, on its own, a petition need not contain a disclaimer. However, if the petition is included as a part of a larger advertisement that does meet the definition of a political advertisement, the political advertisement would need a disclaimer. A missing disclaimer on such an advertisement does not invalidate an otherwise properly executed petition but does constitute a violation of Chapter 106, Florida Statutes.. . . if the petition does not have the voter’s original signature?Rule 1S-2.045(5)(f)4., Florida Administrative Code, provides that the supervisor of elections shall not verify a signature on a petition unless it contains the voter’s original signature. Thus, copies of petitions, electronic submission (such as email), or petitions with electronic signatures are not valid.. . . if a candidate is not registered to vote in the geographical area represented by the office sought?Only the voter’s registration status affects the validity of the petition. The candidate’s eligibility for office has no bearing on the validity of the petitions.. . . if the petition contains a shortened version of a political party’s name in the block that asks for the name of the political party?If the supervisor can determine with certainty to which party the shortened version refers, the petition should be verified.Example:Form DS-DE 9 indicates that the candidate is running as a Republican candidate. The petition has the acronym RPOF in the name of political party block. This would be acceptable as there is only one party commonly known as RPOF, i.e., Republican Party of Florida.Chapter 5: Fees and Undue Burden OathWhat is the verification fee?There is a fee of 10 cents per signature or the actual cost of checking such signatures, whichever is less, to be paid to the supervisor of elections for the cost of verifying the signature.The fees must be paid in advance of verifying the petitions.Who is responsible for the verification fee?Section 99.097(4), Florida Statutes, provides that the supervisor of elections shall be paid in advance by the candidate. Thus, there are three ways to pay for the verification fees.The verification fee is paid with a campaign check or the campaign’s petty cash.The candidate pays the verification fee with personal funds and reports it as an in-kind contribution or is reimbursed by the campaign.Someone else pays for the verification fees and is reimbursed by the campaign.Because the statute specifically states that the candidate shall pay the verification fee, ultimately, the candidate is responsible for paying the fee. If someone else pays the verification fee, it is the candidate’s responsibility to ensure that the person is reimbursed by the campaign.What is an undue burden oath?If a candidate cannot pay the signature verification fee without imposing an undue burden on the candidate’s resources, the candidate may file an undue burden oath (see Appendix F). Candidates must file an undue burden oath with each supervisor of elections’ office where petitions will be submitted. The undue burden oath filed in each county must be an original and properly notarized. A copy is not acceptable.If any person is paid to solicit signatures on a petition, a candidate may not subsequently file an undue burden oath.If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the oath is no longer valid and a fee for all signatures previously submitted to the supervisor of elections and any that are submitted thereafter shall be paid by the candidate who submitted the oath.If a candidate receives monetary contributions, as defined in Section 106.011, Florida Statutes, after the candidate has filed an undue burden oath and subsequently paid a signature gatherer, the monetary contributions must first be used to reimburse the supervisor of elections for any signature verifications fees that were not paid because of the filing of the oath.Chapter 6: Certification to the Division of ElectionsWhich candidate petitions must be certified to the State?Supervisors of elections must certify the number of verified petitions for the following offices to the Division of Elections:President of the United StatesU.S. SenateRepresentative in CongressGovernorAttorney GeneralChief Financial OfficerCommissioner of AgricultureState SenatorState RepresentativeCircuit Court JudgeState AttorneyPublic DefenderMulti-county Special DistrictWho determines whether the candidate’s name is placed on the ballot?After receipt of the certifications from the supervisors of elections, the Division of Elections will determine whether the required number of signatures has been obtained in order for the name of the candidate to be placed on the ballot and will notify the candidate and the supervisor.How do I confirm the number of signatures certified to the Division of Elections?To check the number of signatures certified to the Division of Elections, search for the candidate’s name on the Candidate Tracking System.Select an Election and click View List.Then click on the candidate’s name.Click Petition Signatures at the bottom of the screen.The Petition Signatures button will not appear on a candidate’s page if no certifications have been received and processed by the Division of Elections.The page will display the total required signatures, total verified, and the last date petitions were verified from a county to the Division of Elections.What do I do if I believe the totals are incorrect?You will need to contact the supervisor of elections for the county in question.What is the deadline for supervisors of elections to certify signatures to the Division of Elections?No later than 5:00 p.m. on:April 13, 2020 – Representative in Congress, Circuit Court Judge, State Attorney, and Public DefenderJune 1, 2020 – State Senate, State Representative, and Multi-county Special DistrictAugust 18, 2020 – President of the United StatesCertifications received from the supervisors of elections after the deadline will not be accepted.Appendix A2020 Petition Signatures Required for Representative in CongressDistrictSignaturesRequired15,38124,82434,97045,77254,53165,47974,95285,46695,440104,683115,622125,331134,953144,718154,795165,559174,978185,303195,052204,288214,935224,906234,729244,017253,749264,252274,110Appendix B2020 Petition Signatures Required for State SenateDistrictSignaturesRequired13,60933,36153,24874,09993,390112,924133,342153,907173,804193,378213,643233,965253,460273,449293,403313,181332,969352,998372,630392,789Appendix C2020 Petition Signatures Required for State RepresentativeDistrictSignaturesRequiredDistrictSignaturesRequired11,107331,48721,154341,22631,364351,20741,186361,07051,112371,29961,146381,1527958391,17981,086401,01491,284411,17410932421,228111,323431,187121,084441,2981397645986141,07546780151,056471,233161,231481,055171,579491,064181,229501,318191,013511,176201,005521,331211,193531,218221,199541,271231,09455897241,34656870251,306571,349261,12258922271,171591,139281,172601,262291,13761976301,07962933311,160631,081321,289641,2022020 Petition Signatures Required for State RepresentativeDistrictSignaturesRequiredDistrictSignaturesRequired651,231931,187661,177941,058671,03495934681,146961,095691,186971,10370961981,109711,117991,069721,264100912731,500101967741,4061021,020751,346103940761,1971041,081771,216105839781,0741061,1317997710790580940108895811,070109867821,196110751831,242111706841,092112910851,277113753861,125114982877191151,001881,001116980891,254117893901,101118980911,269119966928871201,013Appendix D2020 Petition Signatures Required for Circuit Court Judge, State Attorney and Public DefenderJudicialCircuitSignaturesRequired15,31222,85531,12048,27458,190610,18976,99482,594910,172104,8881114,289125,803138,573141,944159,336165391711,754187,263194,513Appendix E: DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository for CandidatesAppendix F: DS-DE 19A Affidavit of Undue Burden - CandidateAppendix G: DS-DE 104 Candidate Petition FormAppendix H: DS-DE 18A President and Vice President Candidate Petition, No Party Affiliation and DS-DE 18B President and Vice President Candidate Petition, Minor Political PartyAppendix I: Legal References and Rules CitedFlorida Statutes99.095 Petition process in lieu of a qualifying fee and party assessment.99.09651 Signature requirements for ballot position in year of apportionment.99.097 Verification of signatures on petitions.100.371 Initiatives; procedure for placement on ballot.104.31 Political activities of state, county, and municipal officers and employees.104.185 Petitions; knowingly signing more than once; signing another person’s name or a fictitious name.106.011 Definitions.106.15 Certain acts prohibited.Florida Election CodeChapters 97 – 106, Florida StatutesFlorida Administrative CodeRule 1S-2.045, F.A.C.FormsDS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository for CandidatesDS-DE 18A President and Vice President Candidate Petition, No Party AffiliationDS-DE 18B President and Vice President Candidate Petition, Minor Political PartyDS-DE 19A Affidavit of Undue Burden - CandidateDS-DE 104 Candidate Petition FormCandidate Tracking System – Division of Electionsdos.elections.candidates ................
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